DETAILED CORRESPONDENCE
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant's election with traverse of Group I (Claims 1-9) in the reply filed on April 21st, 2026 is acknowledged. The traversal is on the ground(s) that the Applicant submits that the national stage application satisfies the requirements for Unity of Invention, and therefore a restriction between Group I (Claims 1-9) and Group II (Claim 10) is improper.
The Office has provided a reason for patentable distinctness between the restricted claims of Groups I and II, specifically in that they lack the same or corresponding special technical features (PCT Rule 13.2). The special exceptions to PCT Rule 13.2 as outlined in 37 C.F.R. 1.475(b)(4) do not apply to the instant application as the process as claimed in Group II (Claim 10) cannot be defined as “a process specifically adapted for the manufacture of the said product.” A person having ordinary skill in the art would recognize that a generic manufacturing method, such as that defined in Claim 10, has an innumerable amount of potential products.
The requirement is still deemed proper and is therefore made FINAL.
Therefore, the claims under consideration are 1-9.
Claim 10 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on April 21st, 2026.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. KR10-2021-0162689, filed on November 23rd, 2021.
Information Disclosure Statement
The Information Disclosure Statements (IDS) submitted on July 12th, 2023; August 15th, 2024; and November 12th, 2024 have been received and considered by the Examiner.
Claim Interpretation
All “wherein” clauses are given patentable weight unless otherwise noted. Please see MPEP 2111.04 regarding optional claim language.
Prior Art
Previously cited Hwang US PG Publication 2018/0198111 (“Hwang”)
Shin US PG Publication 2014/0023930 (“Shin”)
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-5 and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hwang US PG Publication 2018/0198111.
Regarding Claim 1, Hwang discloses a secondary battery cell (corresponding to the instantly claimed secondary battery activation device) (Abstract, [0003]-[0008], entire disclosure dependent upon) comprising:
a first pressing unit 110 comprising a first pressing plate 111 and a plurality of ultrasonic vibration elements 121 (first elastic pressing members) located on a first surface of the first pressing plate 111 (Figs. 1-2, [0040]-[0046]); and
a second pressing unit 110 comprising a second pressing plate 111 and a plurality of ultrasonic vibration elements 121 (second elastic pressing members) located on a second surface of the second pressing plate 111 (Figs. 1-2, [0040]-[0046]), the second surface of the second pressing plate 111 being arranged to face the first surface of the first pressing plate 111 (Figs. 1-2, [0040]-[0046]).
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Annotated Figure 1 of Hwang
Regarding Claim 2, Hwang teaches the instantly claimed secondary battery activation device according to Claim 1, and Hwang discloses wherein each of the first elastic pressing members 121 comprises a fixing member 123 (elastic member) and a protection cover 124 (pressing block) (Fig. 2, [0047]-[0050]),
wherein a first end of the elastic member 123 of the first elastic pressing member 121 is fixed to the first surface of the first pressing plate 111, and a second end of the elastic member 123 of the first elastic pressing member 121 is fixed to the pressing block 124 of the first elastic pressing member 121 (Fig. 2, [0047]-[0050]), and
wherein each of the second elastic pressing members 121 comprises a fixing member 123 (elastic member) and a protection cover 124 (pressing block) (Fig. 2, [0047]-[0050]), a first end of the elastic member 123 of the second elastic pressing member 121 is fixed to the second surface of the second pressing plate 111, and a second end of the elastic member 123 of the second elastic pressing member 121 is fixed to the pressing block 124 of the second elastic pressing member 121 (Fig. 1, [0047]-[0050]).
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Annotated Figure 2 of Hwang
Regarding Claim 3, Hwang teaches the instantly claimed secondary battery activation device according to Claim 2, and Hwang discloses wherein the elastic member 123 is a spring ([0049]).
Regarding Claim 4, Hwang teaches the instantly claimed secondary battery activation device according to Claim 2, and Hwang discloses wherein the pressing block 124 has an elastic surface thereof that is configured to press a secondary battery ([0050]-[0051]).
Regarding Claim 5, Hwang teaches the instantly claimed secondary battery activation device according to Claim 2, and Hwang discloses wherein each of the pressing blocks 124 constituting the first and second elastic pressing members 121 has a same size over an entire pressing region to press the secondary battery to achieve a uniform impregnation (Fig. 6, [0055]).
Regarding Claim 8, Hwang teaches the instantly claimed secondary battery activation device according to Claim 2, and Hwang discloses wherein the pressing blocks 124 have a stripe shape as formed by the rows of pressing blocks 124 (Fig. 5, [0054]).
Regarding Claim 9, Hwang teaches the instantly claimed secondary battery activation device according to Claim 2, and Hwang discloses wherein the pressing blocks 124 are arranged in a grid pattern (Fig. 5, [0054]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang US PG Publication 2018/0198111, as applied to Claim 2, further in view of Shin US PG Publication 2014/0023930.
Regarding Claims 6-7, Hwang teaches the instantly claimed secondary battery activation device according to Claim 2.
Hwang discloses wherein among the pressing blocks 124 constituting the first and the second elastic pressing members 121 and pressing blocks 124 configured to press a first region (“A”) in which an electrode thickness of the secondary battery is constant have a first size (according to the first vibration group A and ultrasonic vibration elements 121a) (Fig. 6, [0055]-[0056]).
While Hwang fails to explicitly disclose pressing blocks 124 configured to press a second region (“B”) in which the electrode thickness of the secondary battery is thinner than the first region have a size that is smaller than the first size, Hwang does disclose that the pressing blocks 124 configured to press a second region (“B”) have a second size (according to the first vibration group B and ultrasonic vibration elements 121b) which is equal to or different from the first size1 (Fig. 6, [0056]). Additionally, Hwang teaches that modifying the shape and arrangement of the ultrasonic vibration elements 121b alters the size and shape of the battery cell ([0055]-[0056]).
Further, Shin discloses an electrochemical device including at least a first and second electrode layer (Abstract, entire disclosure dependent upon). Shin teaches decreasing a thickness of the second electrode layer while maintaining a constant thickness of the first electrode layer, and specifically wherein the thickness of the second electrode layer increases closer to the inside of the secondary battery such that there is an increased thickness during the early stages of the winding process in order to decrease the likelihood of internal short circuits while bending and folding occur ([0036]-[0038]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application to modify the secondary battery activation device of Hwang such that the second region of pressing blocks is thinner than the first region and wherein the pressing blocks configured to press the second region gradually decrease in size toward an end of the secondary battery such that the electrode layer is thicker at an inner portion of the secondary battery, thereby decreasing the likelihood of internal short circuits while bending and folding occur, as taught by Shin.
1 The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. See In re Casey, 152 USPQ 235 (CCPA 1967); and In re Otto, 136 USPQ 458, 459 (CCPA 1963). The Courts have held that it is well settled that the recitation of a new intended use, for an old product, does not make a claim to that old product patentable. See In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997) (see MPEP § 2114).
Conclusion
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/O.M.M./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
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